Table of Contents
Executive Order No. 114, as amended by Executive Order No. 127, is hereby amended by deleting paragraphs two, three, four, five, and six of the order in their entirety and substituting therefor the following new paragraphs:
Sec. 2. The Commission shall consist of seventeen members, and shall act by the concurrence of at least nine members. The members of the Commission shall be appointed by the Governor after the consultation with such organized bar associations, civic organizations, and other individuals and groups as the Governor may deem appropriate.
Sec. 3. Members of the Commission shall be appointed to serve co-terminus with the Governor. Members previously appointed to serve for a term shall cease to serve upon the effective date of this order; provided, however, that they shall be eligible for re-appointment at the discretion of the Governor. A member may be removed by the Governor upon recommendation of the commission by vote of at least nine of its members. Succeeding appointments shall be made, and any vacancy on the Commission shall be filled in the same manner as the prior appointment. No member of the Commission shall hold any elected public office during the member's term. Members of the Commission shall receive no compensation but shall be reimbursed for customary and usual expenses directly incurred in the performance of their duties.
Sec. 4. The Governor shall from time to time select one of its members to serve as chairperson and the Commission shall adopt and make public procedures and standards for the conduct of its affairs. The Commission in its discretion shall determine whether or not a public hearing or hearings shall be held to determine what qualifications are needed for the various positions to be filled. All records and deliberations with respect to persons under consideration as nominees, or prospective nominees, shall be held in confidence by the Commission, but shall be available to the Governor and the Governor's representatives.
Sec. 5. All vacancies in the office of judge or clerk of court shall be filled in the following manner: When a vacancy occurs, or is expected to occur, which the Governor intends to fill, the Governor shall so notify the Commission. The commission shall, pursuant to the provisions of this Executive Order, submit to the Governor within thirty days a list for such vacancy of all those persons judged qualified and who are willing to accept the office. Said list may rate the candidates as qualified or exceptionally qualified but not otherwise. The Governor may refuse to nominate a person from such list and may require that the commission submit, within five days, a supplementary list of not less than three qualified persons willing to accept the office, but the Governor shall not call upon the Commission for more than one supplementary list except as provided in the following sentence: If the Executive Council declines to give its consent to the Governor's nomination, then the Governor may require that the Commission submit, within five days, a supplementary list of not less than three other qualified persons willing to accept the office. The Governor shall nominate only a person from either the original list or a supplementary list to fill such vacancy, and shall publicly announce the name of the person he intends to nominate prior to the date of such nomination.
Sec. 6. In considering persons to submit as nominees to the Governor, the Commission shall seek men and women of the highest quality who, by temperament, ability and integrity, will freely, impartially and independently interpret the laws and administer justice. Persons shall be considered for submission as nominees according to law and without regard to race, religion, sex, national origin or political affiliation. No member of the Commission shall be considered as a nominee so long as he or she is a member and for a period of one year thereafter.
Sec. 7. This Executive Order shall continue in effect until amended, superseded or terminated by subsequent Executive Order.
Given at the Executive Chamber in Boston this thirty-first day of January, in the year of Our Lord one thousand nine hundred and seventy nine and of the independence of the United States of America, two hundred and three.
EDWARD J. KING
Commonwealth of Massachusetts
Michael Joseph Connolly
Secretary of the Commonwealth